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PRESIDENTIAL DECREE NO. 1693
PRESIDENTIAL DECREE NO. 1693 -
FURTHER AMENDING ARTICLE 38 OF THE LABOR CODE BY MAKING ILLEGAL
RECRUITMENT A CRIME OF ECONOMIC SABOTAGE
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WHEREAS,
the overseas employment program of the government has expanded by leaps
and bounds to such an extent that it has not only provided meaningful
and gainful employment to hundreds of thousands of Filipino workers in
foreign countries but also earned considerable foreign exchange
earnings for the country; chanroblesvirtualawlibrary
WHEREAS, in the wake of this employment bounty, illegal recruiters have
proliferated and taken advantage of the situation to victimize
thousands upon thousands of unsuspecting and gullible workers who lose
to these illegal recruiters through deceit and false pretenses not only
their hard-earned savings and other worldly possessions but also often
find themselves stranded and jobless on foreign soil;chanroblesvirtualawlibrary
WHEREAS, this pernicious and oftentimes syndicated trade in human
beings, which at once saps the economy and undermines national
security, partakes a new form of economic sabotage and should,
therefore, be considered and penalized as such.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. Article 38 of Presidential Decree No. 442,
as amended, otherwise known as the Labor Code of the Philippines is
hereby further amended to read as follows:cralaw:red
"Article 38. Illegal Recruitment. —chanroblesvirtualawlibrary
a) The following recruitment activities are deemed
illegal and punishable as provided herein:cralaw:red
1. Those undertaken in any form or manner by
non-licenses or non-holders of authority;chanroblesvirtualawlibrary
2. Participation in the exaction of money, goods
and/or services in consideration of employment in an amount exceeding
that authorized by law or appropriate regulations; and chanroblesvirtualawlibrary
3. Participation in the recruitment, placement, or
deployment of any worker under false pretenses or false documentation.
b) Illegal recruitment shall be considered as a crime
of economic sabotage and shall be penalized as such in accordance with
existing laws.
c) The Minister of Labor or his duly authorized
representative shall have the power to recommend the arrest and
detention of any person engaged in illegal recruitment.
d) The Ministry of Labor shall set up a secretariat
on illegal recruitment to serve as the focal point for all inter-agency
efforts against illegal recruitment and related activities. The
Secretariat shall initially be manned and operated by such personnel
and through such funding as are available in the Ministry of Labor.
Thereafter its appropriation shall be made part of the regular
appropriation act. chanroblesvirtualawlibrary
Section 2. This Decree shall take effect immediately.
Done in the City of Manila,
this 1st day of May, in the year of Our Lord, nineteen hundred and
eighty.
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